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Tacoma, WA |

Does it cost $5000 to trademark a standard wordmark in USA?

Attorney Answers 8


  1. Assuming one class of goods or services and nothing "unusual" about the mark, the goods/services, the specimen, the mark owner, etc., a good top end budget to prepare and file the application you describe is about half that number. Later prosecution costs may arise (responding to an office action, for instance).

    Per the AVVO terms of use and all applicable state and federal statutes, these general comments are provided for informational purposes only and do not constitute legal advice nor do they establish an attorney-client relationship. You should consult an attorney to discuss your specific issues and facts.


  2. Usually not, unless it is submitted in multiple classes in which case a substantial portion could be filing fees (as fees are per class). Also, there is the possibility that there were several office actions to which detailed responses were given. Unfortunately, there is not enough information given to tell you specifically, as there are trademarks that can cost even more if there are oppositions filed.


  3. The cost in part depends of the "words" and the "product or service". However, the trademark search, preparation of the Trademark Application and the work with the Trademark Examiner would usually not be as expensive as you state. Exceptions will occur where work with the Examiner will require legal briefing and argument. You'll have to meet with an Intellectual Property attorney.

    My comments have been made without discussion. An attorney client relationship has not been established. There may be conflicts which prohibit my providing you with specific legal guidance. Any contact with you beyond these few general words will start with a disclosure of opposing parties so that a conflict check can be made. You should discuss with an attorney.


  4. Most attorneys can file an application for a word mark in one class for under $1,000. Assuming there are no formal requirements or other rejections and the application goes through publication without opposition, you should not have anymore costs until the 5-6 year after registration. If there are more classes, substantive responses to office actions, or even appeals, the costs can meet or exceed $5,000. If there is an opposition or other TTAB proceeding, the costs can be many times more.

    Disclaimer: This answer does not constitute legal advice and does not create an attorney-client relationship. You should not rely on this answer to resolve your particular legal issue, since different laws are applicable in each jurisdiction, and each set of facts are specific to a particular situation. As with any legal question, you should consult with an attorney licensed in the appropriate jurisdiction to evaluate your particular legal problem following a comprehensive consultation and review of all the facts and documents.


  5. My peers are correct, it depends on whether your mark is likely confusing with another mark, number of classes being filed, attorney has kid in private school...basically, a lot of factors.

    If the price doesn't sound right to you, maybe a better explanation of fees are in order. There are also many attorneys that can help, and most of us give free initial discussion time. If needed, give one of us a call. Most of us are happy to help out where needed.

    Communication of information by, in, to or through this Web site and your receipt or use of it (1) is not provided in the course of and does not create or constitute an attorney-client relationship, (2) is not intended as a solicitation, (3) is not intended to convey or constitute legal advice, and (4) is not a substitute for obtaining legal advice from a qualified attorney. You should not act upon any such information without first seeking qualified professional counsel for your specific matter. The hiring of an attorney is an important decision that should not be based solely upon Web site communications or advertisements.


  6. Absent extraordinary circumstances, I cannot see what would justify $4700 in legal fees (a TEAS-plus one-class filing fee being $275). Of course, I am assuming one class and a filing after clearance search. I don't disagree with anyone else here about the costs of extraordinary circumstances, but if you are being quoted that AND not being told why, I would run fast.


  7. No. Not unless it was a complicated matter that required substantive responses to office actions, etc. But certainly not for clearance and filing services. While there is much more to this process than most are aware and to do it the right way should not be cheap, 5K is extreme. But you know, there are lawyers out there that bill out at $800 per hour, so I am not surprised if you inquired at some large white-shoe law firm that you were quoted such a high fee.

    Whenever you endeavor into investing in a trademark it is very important that you conduct the proper clearance due diligence upfront and before you submit an application to the USPTO. In the US, this means searching under both federal (USPTO) as well as common law because trademark rights stem from use in this country NOT registration. This means that acquiring a federal registration does not necessarily mean that you are not infringing on another's intellectual property. See the link below for a detailed explanation of the due diligence process and a guide on how to choose a strong trademark.

    I suggest that you consult with a lawyer in private and discuss your objectives in more detail. You can start by calling around to several for a free phone consultation, get some insights then pick the best fit to work with.

    Best regards,
    Frank
    Natoli-Lapin, LLC

    DISCLAIMER: this is not intended to be specific legal advice and should not be relied upon as such. No attorney-client relationship is formed with the law firm of Natoli-Lapin, LLC on the basis of this posting.


  8. For the vast majority of applications, that would be a very high amount, considering what most trademark attorneys charge here in the NW.

    The above is not intended as legal advice and does not constitute the creation of an attorney-client relationship, as this forum does not provide for a confidential communication. Furthermore, the attorney's answer above is intended to be general information only, and there may be facts not contained in the question which could change the answer, so the answer above should not be relied upon without first obtaining legal advice from your own attorney.

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